Victor Bruscato attacked and killed his mother. In this wrongful death action, appellant Vito J. Bruscato, Victor’s father, seeks damages for the wrongful death of Mrs. Bruscato from appellee, Derek Johnson O’Brien, M. D, the psychiatrist who was treating Victor at the time of the attack. Bruscato alleges that Dr. O’Brien breached duties to protect Mrs. Bruscato from harm and to warn her of Victor’s potential dangerousness after he altered Victor’s medication regimen.1 Bruscato further claims that as a result of Dr. O’Brien’s breach of his duties, Mrs. Bruscato was stabbed to death by Victor, who was then psychotic. Bruscato appeals the trial court’s grant of summary judgment in favor of Dr. O’Brien. For the reasons that follow, we affirm. The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491, 405 SE2d 474 1991. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Further, this court conducts a de novo review of the law and the evidence. Citations omitted. Shortnacy v. North Atlanta Internal Medicine , 252 Ga. App. 321, 321-322 556 SE2d 209 2001. So viewed, the evidence shows that Victor Bruscato was a 40-year-old mental patient who had been diagnosed with severe mental illness, including mild mental retardation, schizophrenia, schizo-affective disorder, intermittent explosive disorder, pedophilia, and psychosis not otherwise specified. Throughout his life, Victor received psychiatric treatment, including inpatient care at several hospitals and at a group home operated by GRN. Victor had a history of aggressive and violent behavior and had been placed on a variety of medications in efforts to control his behavior.
In 1999, GRN removed Victor from the GRN group home and informed the Bruscatos that it would find a place for Victor at an inpatient facility. The Bruscatos, however, wanted Victor to live with them, and, at the request of Victor’s mother, GRN agreed to provide outpatient treatment to Victor while he resided with them. The outpatient treatment was conditioned upon the Bruscatos’ promise to provide Victor with 24-hour supervision. Victor’s mother, Mrs. Bruscato, thereafter became Victor’s primary caretaker as GRN continued to provide outpatient services, including psychiatric therapy sessions at its facility and in-home visits by a nurse and community support personnel.
